Oakland A's John Fisher & Dave Kaval Can't Forget AASEG Fraud Scandal In Upcoming Coliseum Meeting - Oaknews
Oakland A's John Fisher & Dave Kaval Can't Forget AASEG Fraud Scandal In Upcoming Coliseum Meeting
Oakland A's John Fisher & Dave Kaval Can't Forget AASEG Fraud Scandal In Upcoming Meeting Next week, The Oakland A’s are slated to meet with representatives of what the media calls interchangeably The African American Sports and Entertainment Group, and “AASEG Land” at the behest of AASEG co-founder Raymond Bobbitt AKA Ray Bobbitt. The objective will be to get on the same page regarding how to develop their parts of the land that make up the Oakland-Alameda County Coliseum Complex. But what Oakland A's Principal Owner John Fisher & President Dave Kaval should not forget, and bring up, is the lawsuit filed by original AASEG co-founders Brien Dixon and Karim Muhammed. The reason is simple: the lawsuit court hearings start April 2nd, and considering the allegations presented by Dixon and Muhammed, a fair argument can be made for the early termination of the exclusive negotiating agreement, AKA “ENA”. Now, that action would not necessarily make the A’s path toward doing whatever it is they want to do with the Coliseum property easier, but as things stand now, that could happen. Here’s why. Given the gravity of what Ray Bobbitt is alleged to have done, Brien Dixon and Karim Muhammed could be in a good position to file an injunction against the current ENA. The Cornell Law School tells us that “Injunctive relief is generally only granted in extreme circumstances. The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the moving party has a substantial likelihood of success on the merits. In considering these factors, courts have been described to apply a "sliding scale" approach where the more likely a movant will succeed on the merits, the less irreparable harm (to the movant) needs to be shown in granting the injunction. There is no mathematical means of balancing these factors, therefore, the "sliding scale" approach is based on a court's intuitive judgment. It is worth noting that courts will not find irreparable harm where the damages sustained are calculable. New York has held that in such situations, monetary damages serve as an adequate remedy.” Now can Dixon and Muhammed claim “irreparable injury in the absence of” being rightfully included in the AASEG organization that are the original named partners with Ray Bobbitt and Levant Ogbulie? Yes, and for obvious reasons. Dixon and Muhammed would be excluded from gain from any transaction AASEG is in, including payment from charged developer fees. And can Dixon and Muhammed assert “that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order”? Yes. Because AASEG’s Bobbitt and company would be prohibited from gain in any transaction because of the injunction. And finally is the injunction “not adverse to public interest”? And does “the moving party has a substantial likelihood of success on the merits“, referring to Dixon and Muhammed? First, What’s bad about stopping a situation where the plaintiffs claim that AASEG’s Bobbitt tried to switch company LLC names, and thus put them in an inactive state? That’s not the legal way you remove partners from a business entity. Second, the simple answer is yes. What Bobbitt did is not the way to handle disputes with business partners. All of this is already The Oakland A’s Problem because the City of Oakland has forced the A’s to work with AASEG. AASEG Land or “African American Sports and Entertainment Group '' as Dixon and Muhammed’s partnership document calls it, holds 50 percent of the Coliseum property rights. Enough said. Plus, the remedy to solve this whole problem is easy: Ray Bobbitt needed to enact the original partnership agreement. Sources tell me that both parties, Ray Bobbitt and Dixon and Muhammed, have been encouraged to work to an agreement. At a time when far to many African Americans appear to be divided in a way completely without precedent, it would be a much needed light toward a brighter future. Let’s both hope they do, and make sure they do. The Oakland A’s can be a great help in ending this sad state of affairs among parties Ray Bobbitt and Dixon and Muhammed.
via YouTube https://www.youtube.com/watch?v=SZ8a-WeFXkk
Oakland A's John Fisher & Dave Kaval Can't Forget AASEG Fraud Scandal In Upcoming Meeting Next week, The Oakland A’s are slated to meet with representatives of what the media calls interchangeably The African American Sports and Entertainment Group, and “AASEG Land” at the behest of AASEG co-founder Raymond Bobbitt AKA Ray Bobbitt. The objective will be to get on the same page regarding how to develop their parts of the land that make up the Oakland-Alameda County Coliseum Complex. But what Oakland A's Principal Owner John Fisher & President Dave Kaval should not forget, and bring up, is the lawsuit filed by original AASEG co-founders Brien Dixon and Karim Muhammed. The reason is simple: the lawsuit court hearings start April 2nd, and considering the allegations presented by Dixon and Muhammed, a fair argument can be made for the early termination of the exclusive negotiating agreement, AKA “ENA”. Now, that action would not necessarily make the A’s path toward doing whatever it is they want to do with the Coliseum property easier, but as things stand now, that could happen. Here’s why. Given the gravity of what Ray Bobbitt is alleged to have done, Brien Dixon and Karim Muhammed could be in a good position to file an injunction against the current ENA. The Cornell Law School tells us that “Injunctive relief is generally only granted in extreme circumstances. The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the moving party has a substantial likelihood of success on the merits. In considering these factors, courts have been described to apply a "sliding scale" approach where the more likely a movant will succeed on the merits, the less irreparable harm (to the movant) needs to be shown in granting the injunction. There is no mathematical means of balancing these factors, therefore, the "sliding scale" approach is based on a court's intuitive judgment. It is worth noting that courts will not find irreparable harm where the damages sustained are calculable. New York has held that in such situations, monetary damages serve as an adequate remedy.” Now can Dixon and Muhammed claim “irreparable injury in the absence of” being rightfully included in the AASEG organization that are the original named partners with Ray Bobbitt and Levant Ogbulie? Yes, and for obvious reasons. Dixon and Muhammed would be excluded from gain from any transaction AASEG is in, including payment from charged developer fees. And can Dixon and Muhammed assert “that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order”? Yes. Because AASEG’s Bobbitt and company would be prohibited from gain in any transaction because of the injunction. And finally is the injunction “not adverse to public interest”? And does “the moving party has a substantial likelihood of success on the merits“, referring to Dixon and Muhammed? First, What’s bad about stopping a situation where the plaintiffs claim that AASEG’s Bobbitt tried to switch company LLC names, and thus put them in an inactive state? That’s not the legal way you remove partners from a business entity. Second, the simple answer is yes. What Bobbitt did is not the way to handle disputes with business partners. All of this is already The Oakland A’s Problem because the City of Oakland has forced the A’s to work with AASEG. AASEG Land or “African American Sports and Entertainment Group '' as Dixon and Muhammed’s partnership document calls it, holds 50 percent of the Coliseum property rights. Enough said. Plus, the remedy to solve this whole problem is easy: Ray Bobbitt needed to enact the original partnership agreement. Sources tell me that both parties, Ray Bobbitt and Dixon and Muhammed, have been encouraged to work to an agreement. At a time when far to many African Americans appear to be divided in a way completely without precedent, it would be a much needed light toward a brighter future. Let’s both hope they do, and make sure they do. The Oakland A’s can be a great help in ending this sad state of affairs among parties Ray Bobbitt and Dixon and Muhammed.
via YouTube https://www.youtube.com/watch?v=SZ8a-WeFXkk
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